Commonwealth Consolidated Acts

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FAIR WORK ACT 2009 - SECT 251

Variation of single interest employer authorisations

Variation to remove employer

             (1)  An employer specified in a single interest employer authorisation in relation to a proposed enterprise agreement may apply to the FWC for a variation of the authorisation to remove the employer's name from the authorisation.

             (2)  If an application is made under subsection (1), the FWC must vary the authorisation to remove the employer's name if the FWC is satisfied that, because of a change in the employer's circumstances, it is no longer appropriate for the employer to be specified in the authorisation.

Variation to add employer

             (3)  An employer that is not specified in a single interest employer authorisation may apply to the FWC for a variation of the authorisation to add the employer's name to the authorisation.

             (4)  If an application is made under subsection (3), the FWC must vary the authorisation to add the employer's name if the FWC is satisfied that:

                     (a)  each employer specified in the authorisation has agreed to the employer's name being added; and

                     (b)  no person coerced, or threatened to coerce, the employer to make the application; and

                     (c)  the requirements of subsection 249(2) or (3) (which deal with franchisees and employers that may bargain together for a proposed enterprise agreement) are met.



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